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This Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.
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This Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.The Research Handbook brings together thirty-three scholars of Marx, Marxism, and law from around the world to offer theoretically informed introductions to the Marxist tradition of social critique, contemporary Marxist analyses of law and rights, and future orientations of Marxist legal analysis. Chapters testify to the strength of Marxist critical tools for understanding the role of law, rights, and the state in capitalist societies.Exploring Marxist critique across an extraordinarily wide range of scholarlydisciplines, this Research Handbook is a must-read for scholars of law, politics, sociology, philosophy, and political economy who are interested in Marxism. Graduate and advanced undergraduate students in these and related disciplines will also benefit from the Research Handbook.
Author Biography
Edited by Paul O'Connell, Reader in Law, School of Law, SOAS University of London, UK and Umut Özsu, Associate Professor of Law and Legal Studies, Department of Law and Legal Studies, Carleton University, Canada
Table of Contents
Contents:1 Introduction to the Research Handbook on Law and Marxism 1Paul O'Connell and Umut ÖzsuPART I MARX AND THE MARXIST TRADITION2 Legal and illegal political tactics in Marxist political theory 6Clyde W Barrow3 Marx on the Factory Acts: Law, exploitation, and class struggle 21Daniel McLoughlin and Talina Hurzeler4 'Putting weapons into the hands of the proletariat': Marx on thecontradiction between capitalism and liberal democracy 35August H Nimtz5 Marx's concept of dictatorship 61Cosmin Sebastian Cercel6 Revolution, Lenin, and law 77Michael Head7 Marx, Engels, Lenin, and the right of peoples to self-determination ininternational law 98Bill Bowring8 Pashukanis' commodity-form theory of law 115Matthew Dimick9 Thinking in a Gramscian way: Reflections on Gramsci and law 139Pablo Ciocchini and Stéfanie Khoury10 Poulantzas' changing views on law and the state 156Bob Jessop11 The state as social relation: Poulantzas on materiality and political strategy 173Rafael KhachaturianPART II CONTEMPORARY MARXIST ANALYSIS OF LAW,RIGHTS AND THE STATE12 Marx's critique and the constitution of the capitalist state 190Rob Hunter13 Marx and critical constitutional theory 209Nimer Sultany14 The reproduction of moral economies in capitalism: Reading Thompsonstructurally 242Nate Holdren15 Law and the state in Frankfurt School critical theory 261Chris O'Kane16 Feminist materialism and the laws of social reproduction 283Miriam Bak McKenna17 Marxism, labour and employment law, and the limits of legal reform inclass society 299Ahmed White18 Karl Marx, Douglass North, and postcolonial states: The relationbetween law and development 319BS Chimni19 Transcending disciplinary fetishisms: Marxism, neocolonialism, andinternational law 335Radha D'Souza20 Taking political economy seriously: Grundriss for a Marxist analysis ofinternational law 356Rémi Bachand21 From class-based project to imperial formation: European Union lawand the reconstruction of Europe 375Eva NanopoulosPART III FUTURE ORIENTATIONS OF MARXIST LEGAL ANALYSIS22 From free time to idle time: Time, work-discipline, and the gig economy 400Rebecca Schein23 Greening anti-imperialism and the national question 421Max Ajl24 Ideology, narrative, and law: 'Operation Car Wash' in Brazil 444Enzo Bello, Gustavo Capela, and Rene José Keller25 The poetry of the future: Law, Marxism, and social change 458Paul O'Connell26 Nomocratic social change: Reassessing the transformative potential oflaw in neoliberal times 477Honor Brabazon27 Beyond fetishism and instrumentalism: Rethinking Marxism and lawunder neoliberalism 497Igor Shoikhedbrod28 Law and the socialist ideal 512Christine Sypnowich29 Marx on law and method 529Natalia Delgado30 Principles for a dialectical-materialist analysis of law and the state 544Dimitrios KivotidisIndex
Review
'This collection makes an important contribution at an inflection point crossed by the crisis of global capitalism and South Africa's own challenges generated by the Radical Economic Transformation faction of the ruling party and fellow populist travellers. One can only express the tentative hope that some of this collection finds its way into the teaching of legal theory in South African law schools.' -- The Hon Justice Dennis Davis, The South African Law Journal'The modestly titled Research Handbook on Law and Marxism is in fact a pioneering venture that brings together as many as 29 contributions on a wide range of subjects relating to law, seen through the analytical prism of Marxism. It will prove to be a useful reference point for students and seasoned writers alike. -- Utsa Patnaik, Professor Emerita, Jawaharlal Nehru University, India'This volume displays the breadth and vitality of research on law from within the traditions of Marxism. Written from many different perspectives and by a healthy mix of eminent and emerging scholars, the essays collected here ably guide the reader through a century and a half of debates and controversies. These are debates both among Marxists about the status, import, and structure of the law and modern legal institutions, and between Marxists and non-Marxist legal scholars, collectively demonstrating that Marxism has indelibly shaped legal theory, constitutional theory, the theory of the state, and the theory of international law. This will undoubtedly be my new go-to reference volume on all questions pertaining to Marxism and legal studies.' -- William Clare Roberts, McGill University, Canada'Paul O'Connell and Umut Özsu have done a great service to all scholars of Marxism. They have assembled a comprehensive volume that includes contributions of both noted experts and brilliant young researchers and that fills a void in the existing literature. The outcome is a wonderful Handbook that is useful for both specialists and readers who approach Marxism and law for the first time. This book will serve as a guide in the field for many years to come.' -- Marcello Musto, York University, Canada
Details ISBN1035318873 Pages 608 Publisher Edward Elgar Publishing Ltd Series Research Handbooks in Legal Theory series Year 2023 ISBN-13 9781035318872 Format Paperback Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom AU Release Date 2023-05-04 NZ Release Date 2023-05-04 Author Umut Özsu Publication Date 2023-05-05 Edited by Umut Özsu DEWEY 340.115 Audience Professional & Vocational UK Release Date 2023-05-05 We've got this
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